Chapter 164. Comprehensive Mercury Management

§ 7101. LEGISLATIVE FINDINGS

The legislature finds and declares that:

(1) Mercury is a persistent and toxic pollutant that bioaccumulates in the environment.

(2) According to recent studies, mercury use and deposition is a significant problem in the northeast.

(3) Consumption of mercury-contaminated freshwater and saltwater fish poses a significant public health threat.

(4) Because of this threat, all of the northeastern states have issued freshwater fish advisories, warning certain individuals against consuming fish from affected water bodies, and several states, including Vermont, have provided guidance for consumption of saltwater fish.

(5) Studies have documented that exposure to the elevated levels of mercury in the environment has resulted in serious harm to fish-consuming wildlife.

(6) The best and most recently available data indicate that, of the total amount of mercury deposited to the northeast, 47 percent is from sources in the northeast and 30 percent is from sources outside the northeast. The remaining 23 percent is considered part of the global mercury pool. Within the northeast, incineration of municipal wastes, and utility and nonutility boiler operations, account for the majority of the contribution within New England. Other regional sources include manufacturing, biosolids incineration, medical waste incineration, and wastewater discharges.

(7) Vermont currently sends eight percent of its municipal solid waste out of state to be incinerated.

(8) At least one recent study has raised concern about potential emissions of mercury during the transportation and storage of solid waste.

(9) Removal of mercury-containing products from the waste stream prior to combustion is an effective way to reduce mercury from solid waste management facilities.

(10) The governors of the New England states and the premiers of the Eastern Canadian provinces have endorsed a regional goal of "the virtual elimination of the discharge of anthropogenic mercury into the environment," and recently adopted a resolution on mercury to support coordinated mercury product legislation consistent with a regional model, developed by a state workgroup sponsored by the northeast waste management officials association (NEWMOA). Attainment of this goal is essential to the health of Vermont’s people and the environment, and the leadership of the agency of natural resources is critical for goal attainment.

(11) Manufacturers of certain mercury-added products, such as thermostats, have established successful "take back" programs for properly managing the products at the end of their useful life. Under the leadership of the agency of natural resources, similar systems that are based on the concept of manufacturer responsibility should be developed for application to additional mercury-added products.

(12) A visible label on the product or its packaging, or both, increases effective consumer education, encourages informed purchasing, and bolsters participation in programs designed to separate, collect, and properly manage or recycle mercury-added products.

(13) Accidental mercury spills, breakages, and releases have occurred at schools throughout the northeast. These incidences have proven costly to clean-up, and have exposed students, teachers, and administrators to mercury emissions.

(14) Health care facilities, educational and research institutions, and businesses have also experienced significant employee exposures, and incurred significant costs due to accidental mercury releases.

(15) State procurement of environmentally-responsible products can improve the markets for those products, including low or nonmercury-added products and energy efficient products.

§ 7102. DEFINITIONS

As used in this chapter:

(1) "Agency" means the Vermont agency of natural resources.

(2) "Component" means a mercury-added product which is incorporated into another product to form a fabricated mercury-added product, including but not limited to electrical switches, relays, and lamps.

(3) "Elemental mercury" means chemical symbol Hg. Elemental Hg is a silvery-white liquid (at room temperature) with an atomic number of 80 and an atomic mass of 200.57.

(4) "Fabricated mercury-added product" means a product that consists of a combination of individual components that combine to make a single unit, including but not limited to mercury-added measuring devices, lamps, and switches.

(5) "Formulated mercury-added product" means a chemical product, including but not limited to laboratory chemicals, cleaning products, cosmetics, pharmaceuticals, and coating materials, that is sold as a consistent mixture of chemicals.

(6) "Manufacturer" means any person, firm, association, partnership, corporation, governmental entity, organization, combination, or joint venture which produces a mercury-added product or imports or domestically distributes a mercury-added product produced in a foreign country. In the case of a multi-component mercury-added product, the manufacturer is the last manufacturer to produce or assemble the product. For the purpose of section 7104 of this title only, "manufacturer" means the mercury-added component manufacturer and the manufacturer of a product which contains one or more mercury-added products as components.

(7) "Mercury-added novelty" means a mercury-added product intended mainly for personal or household enjoyment or adornment. Mercury-added novelties include, but are not limited to, items intended for use as practical jokes, figurines, adornments, toys, games, cards, ornaments, yard statues and figures, candles, jewelry, holiday decorations, items of apparel (including footwear), and similar products.

(8) "Mercury-added product" means a product, commodity, or chemical, or a product with a component, that contains mercury or a mercury compound intentionally added to the product, commodity, chemical, or component in order to provide a specific characteristic, appearance, or quality, or to perform a specific function, or for any other reason. These products include formulated mercury-added products and fabricated mercury-added products.

(9) "Mercury fever thermometer" means a mercury-added product that is used for measuring body temperature.

(10) "White goods" include discarded refrigerators, washing machines, clothes driers, ranges, water heaters, dishwashers, and freezers, and other similar domestic and commercial large appliances as may be identified by rule adopted by the secretary of natural resources under section 6621a of this title.

§ 7103. INTERSTATE CLEARINGHOUSE

The agency is authorized to participate in the establishment and implementation of a regional, multistate clearinghouse to assist in carrying out any or all of the requirements of this chapter, and to help coordinate reviews of the manufacturers’ notifications regarding mercury-added products, applications for phase-out exemptions, the collection system plans, applications for alternative labeling and notification systems, education and outreach activities, and any other related functions. The clearinghouse may also maintain a list of all products containing mercury, including

mercury-added products, and a file on all exemptions granted by the states.

§ 7104. NOTIFICATION

(a) Effective six months after the effective date of this chapter, no

mercury-added product shall be offered for final sale or use, or distributed for promotional purposes, in Vermont, without prior notification in writing by the manufacturer of the product to the agency in accordance with the requirements of this section. For the purpose of this section, "manufacturer" means the mercury-added component manufacturer and the manufacturer of a product which contains one or more mercury-added products as components. This notification, at a minimum, shall include:

(1) A brief description of the product or category of products to be offered for sale, use, or distribution.

(2) For each individual product, identification of its mercury content in one of the following ranges: greater than 0 to 5 mg, greater than 5 mg to 10 mg, greater than 10 mg to 50 mg, greater than 50 mg to 100 mg, greater than 100 mg to 1,000 mg, or greater than 1,000 mg.

(3) For each individual product or category of products, identification of the purpose that mercury serves in the product.

(4) The name and address of the manufacturer, and the name, address, and phone number of a contact.

(b) Any mercury-added product for which federal law governs notice in a manner that preempts state authority shall be exempt from the requirements of this section.

(c) The manufacturer shall update and revise the information in the notification whenever there is a significant increase or decrease in the mercury amount of an individual product or product category, or when requested by the agency.

(d) The agency, by rule, may define and adopt specific requirements for the content and submission of the required notification.

(e) Public disclosure of business information submitted to the agency pursuant to this section shall be governed by the requirements of

1 V.S.A. § 316.

(f) No later than six months after the effective date of this chapter, all component and formulated mercury-added product manufacturers must provide the total amount of mercury contained in each category of mercury-added products sold in the United States during the previous calendar year. Information required under this section may be either provided by an individual manufacturer or aggregated for an industry by a trade group. The manufacturer shall report the updated information required three years and six months from the effective date of this chapter, and subsequently every three years thereafter.

§ 7105. RESTRICTIONS ON THE SALE OF CERTAIN

(a) After one year from the effective date of this chapter, mercury-added novelties shall not be distributed for promotional purposes in Vermont, or offered for final sale or use in Vermont, whether offered by internet or any other means. This ban on sale, use, or distribution shall not apply to novelties incorporating a replaceable mercury-added button cell battery as its only mercury-added component. Manufacturers that produce and sell

mercury-added novelties must notify retailers about the provisions of this product ban, and how properly to dispose of the remaining inventory. The requirements of this section shall apply to all mercury-added novelties, irrespective of whether or not the product is exempt from the phase-out requirements of section 7106 of this title.

(b) After six months from the effective date of this chapter, a person may not sell, by any means including the internet, and may not supply mercury fever thermometers to consumers or patients. This ban on sales and supply shall not apply to digital thermometers utilizing mercury-added button cell batteries.

(c) After one year from the effective date of this chapter, no school in Vermont may use, or purchase for use, in a primary or secondary

nonvocational education program, any of the following: elemental mercury, chemicals containing mercury or mercury compounds, or mercury-added measuring devices. Other mercury-added products that are used by schools are not subject to this prohibition. No person shall bring elemental mercury onto the premises or into the buildings of a primary or secondary school in Vermont.

(d) Vocational dental education or training programs in Vermont shall not use mercury amalgam after one year from adoption of this chapter, unless the program develops and implements a plan approved by the agency that assures best management practices are used to eliminate discharge of mercury into wastewater, and are used to properly handle and recycle or dispose of waste elemental mercury and amalgam. The plan shall provide for educating students about the hazards of mercury and the best management practices.

(e) After the effective date of this chapter, no mercury dairy manometers will be offered for sale or distributed for promotional purposes in Vermont, with the exception of licensed dairy service providers who may purchase a mercury dairy manometer to calibrate customers’ manometers and other milking equipment. The department of agriculture, food and markets will notify dairy service providers of this product ban and how to dispose properly of remaining inventory. The Vermont department of agriculture, food and markets and Vermont solid waste districts and municipalities will continue their education, outreach, and assistance programs for dairy farms, focusing on the hazards of mercury and encouraging dairy farmers to replace their mercury-containing manometers with mercury-free alternatives in an effort to help further reduce mercury in the environment.

§ 7106. PHASE-OUT AND EXEMPTIONS

(a) No mercury-added product shall be offered for final sale or use, or distributed for promotional purposes, in Vermont if the mercury content of the product exceeds:

(1) one gram (1,000 milligrams) for mercury-added fabricated products or 250 parts per million (ppm) for mercury-added formulated products, effective two years from the effective date of this chapter;

(2) 100 milligrams for mercury-added fabricated products or 50 parts per million (ppm) for mercury-added formulated products, effective four years from the effective date of this chapter; and

(3) 10 milligrams for mercury-added fabricated products or 10 parts per million (ppm) for mercury-added formulated products, effective six years from the effective date of this chapter.

(b) For a product that contains one or more mercury-added products as a component, this section is applicable to each component part or parts, and not to the entire product. For example, if an iron has a mercury switch, the

phase-out applies to the switch and not the entire iron.

(c) For a product that contains more than one mercury-added product as a component, the phase-out limits specified in subsection (a) of this section apply to each component, and not to the sum of the mercury in all of the components. For example, in the case of an automobile that contains

mercury-added switches and lighting, the phase-out limits would apply to each component separately, and not to the combined total of mercury in all of the components.

(d) Fluorescent lamps shall be exempt from the requirements of subsection (a) of this section. Effective eight years from the effective date of this chapter, either the mercury content of fluorescent bulbs must not exceed 10 milligrams, or the manufacturer must comply with the exemption requirements pursuant to subsection (f) of this section.

(e) A mercury-added product shall be exempt from the limits on total mercury content set forth in subsection (a) of this section, if the level of mercury or mercury compounds contained in the product is required in order to comply with federal or state health or safety requirements. In order to claim exemption under this subsection, the manufacturer must notify the agency, in writing, and provide adequate legal justification for the claim of exemption.

(f) Manufacturers of a mercury-added product may apply to the agency for an exemption for no more than two years from the limits on total mercury content set forth in subsection (a) of this section for a product or category of products.

(g) Applications for exemptions must:

(1) be submitted no later than one year prior to the appropriate

phase-out dates established in subsection (a) of this section;

(2) document the basis for the requested exemption or renewal of exemption;

(3) describe how the manufacturer will ensure that a system exists by providing the necessary funding and agreements for the proper collection, transportation, and processing of the product or products at the end of their useful life; and

(4) document the readiness of all necessary parties to perform as intended in the planned system.

(h) The agency may grant, with modifications or conditions, an exemption for a product or category of products if:

(1) It finds that a manufacturer-funded system exists for the proper collection, transportation, and processing of the mercury-added product. Such a system may include direct return of a waste product to the manufacturer or an industry or trade group-supported collection and recycling system, or other similar private and public sector efforts; and

(2) It finds all of the following criteria met:

(A) use of the product is beneficial to the environment or protective of public health or protective of public safety; and

(B) there is no technically feasible alternative to use of mercury in the product; and

(C) there is no comparable nonmercury-added product available at reasonable cost; and

(D) with respect to exemption renewal, reasonable efforts have been made to eliminate mercury from the product.

(i) Prior to issuing an exemption, the agency shall consult with neighboring states, provinces, and regional organizations to promote consistency. The state shall avoid, to the extent feasible, inconsistencies in the implementation of this section. Upon reapplication by the manufacturer and findings by the agency that the manufacturer continues to be eligible under the criteria of this section, and that the manufacturer is in compliance with the conditions of its original approval, an exemption may be renewed one or more times. Each renewal may be for a period of no longer than two years.

(j) When an application for one or more exemptions is submitted in full compliance with the requirements listed in subsection (g) of this section, and the agency has not responded, the manufacturer may continue to sell its products, pending resolution by the agency.

(k) Should an application for exemption be disapproved, the product or products involved may be offered for sale or use or distributed for promotional purposes no later than the appropriate phase-out dates established in subsection (a) of this section, or one year from the date of disapproval by the agency, whichever date is later.

§ 7107. LABELING OF MERCURY-ADDED PRODUCTS

(a) No mercury-added product manufactured after two years from the effective date of this chapter shall be offered for final sale or use or distributed for promotional purposes in Vermont, unless both the product and its packaging are labeled in accordance with this section and any adopted rules. This requirement may be met by compliance with the terms of any approved alternative labeling or notification granted under subsection (h) of this section. A retailer may not be found in violation of this subsection if the retailer lacked knowledge that the product contained mercury.

(b) If a mercury-added product is a component of another product, the product containing the component and the component must both be labeled. The label on a product containing a mercury-added component shall identify the component with sufficient detail so that it may be readily located for removal.

(c) All labels must be clearly visible prior to sale, and must inform the purchaser, using words or symbols, that mercury is present in the product, and that the product should not be disposed of or placed in a waste stream destined for disposal until the mercury is removed and reused, recycled, or otherwise managed to ensure that the mercury in the product does not become mixed with other solid waste or wastewater.

(d) Labels affixed to the product shall be constructed of materials that are sufficiently durable to remain legible for the useful life of the product.

(e) Effective two years from the effective date of this chapter, any person offering a mercury-added product for final sale or use, or distributing the product for promotional purposes, to an address in Vermont shall clearly advise the purchaser or recipient at the point of sale or distribution that the product contains mercury. This requirement applies to all transactions where the purchaser or recipient is unable to view the labels on the package or the product prior to purchase or receipt, including but not limited to catalogue, telephone, and internet sales.

(f) Responsibility for product and package labels required under this section shall be on the manufacturer, and not on the wholesaler or retailer, unless the wholesaler or retailer agrees with the manufacturer to accept responsibility in conjunction with implementation of an alternative to the labeling requirements of this section, approved under subsection (i) of this section. In the case of a multicomponent product, the responsible manufacturer is the last manufacturer to produce or assemble the product or, if the multicomponent product is produced in a foreign country, the responsible manufacturer is the importer or domestic distributor.

(g) Any mercury-added product for which federal law governs labeling in a manner that preempts state authority shall be exempt from the requirements of this section.

(h) Alternative methods of public notification are as follows:

(1) A manufacturer may apply to the agency for an alternative to the requirements of subsections (a) through (g) and subsection (i) of this section where: strict compliance with the requirements is not feasible; or the proposed alternative would be at least as effective in providing presale notification of mercury content and in providing instructions on proper disposal; or federal law governs labeling in a manner that preempts state authority.

(2) Applications for an alternative to the requirements of subsections (a) through (g) and (i) of this section must:

(A) document the justification for the requested alternative;

(B) describe how the alternative ensures that purchasers or recipients of mercury-added products are made aware of mercury content prior to purchase or receipt;

(C) describe how a person discarding the product will be made aware of the need for proper handling to ensure that it does not become part of solid waste or wastewater;

(D) document the readiness of all necessary parties to implement the proposed alternative; and

(E) describe the performance measures to be utilized by the manufacturer to demonstrate that the alternative is providing effective presale notification and predisposal notification.

(3) The agency may grant, deny, or approve with modifications or conditions a request for an alternative to the requirements of subsections (a) through (g) and (i) of this section. Such approval of an alternative shall be for a period of no more than two years and may, upon continued eligibility under the criteria of this subsection and compliance with the conditions of its prior approval, be renewed at two-year intervals. Prior to approving an alternative, the agency shall consult with neighboring states, provinces, and regional organizations to insure that its labeling requirements are consistent with those of other governments in the region.

(i) The following are approved alternative methods of public notification for specific products:

(1) Labeling of white goods sold in a store where the white goods are on display shall meet all requirements of subsections (a) through (g) of this section, except that no package labeling is required.

(2) Labeling of fever and laboratory thermometers shall meet all requirements of subsections (a) through (g) of this section, except that no product labeling is required.

(3) Labeling of motor vehicles shall meet all requirements of subsections (a) through (g) of this section, except that the mercury-added components are not required to be labeled. A doorpost label shall list the mercury-added components that may be present in the vehicle.

(4) Labeling of mercury-added button cell batteries shall meet all requirements of subsections (a) through (g) of this section, except no labeling is required on the product. Labeling of products that contain a mercury-added button cell battery as the only mercury-added component shall include in the product instructions, if any, and on the product packaging the information required in subsection (c) of this section.

(j) The agency may adopt rules to implement this section. The rules may include a requirement to submit for approval a certified labeling plan that describes the product and all aspects of its proposed labeling.

§ 7108. DISCARDED MERCURY-ADDED PRODUCTS

(a) Management of discarded mercury-added products. Effective July 1, 2003, discarded mercury-added products shall be managed as follows:

(1) Disposal ban. After July 1, 2003, no person shall dispose of mercury-added products in landfills or incinerators.

(2) Source separation. Except as otherwise provided by this section, every person who discards solid waste within the state shall separate

mercury-added products from that solid waste, for recycling or disposal as a hazardous waste. Any contractor who replaces or removes mercury-added products shall assure that any discarded mercury-added product is subject to proper separation and recycling or disposal as a hazardous waste.

(3) Collection and hauling. After proper separation of mercury-added products, each person who discards that waste either shall:

(A) set that waste in a designated area for collection by a permitted hauler who shall deliver that waste to a facility that is legally authorized and certified to accept that waste; or

(B) deliver that waste to a facility that is legally authorized and certified to accept that waste.

(b) Solid waste transfer, incineration, and landfill facility requirements. At a minimum, owners and operators of solid waste transfer, incineration, and landfill facilities are required to implement the following:

(1) posting of clearly visible and easily read signs at the facility, providing notice of the prohibition of the disposal and incineration of

mercury-added products;

(2) written notification to or contractual agreements with the facility’s customers, on a frequency determined by the agency, providing notice of the prohibition on the disposal and incineration of mercury-added products;

(3) implementation of a procedure approved by the agency for periodically monitoring incoming wastes to detect the presence of

mercury-added products at the facility; and

(4) providing customers information about collection programs and facilities that are permitted to accept mercury-added products for recycling or disposal as a hazardous waste.

(c) Scrap metal processing facilities. Solid waste management facilities and any business in Vermont which accepts white goods or motor vehicles from within or outside Vermont shall be responsible to remove mercury-added components (except lamps used for backlighting and displays) prior to crushing, shredding, or other scrap metal processing. The collected

mercury-added components shall be recycled or disposed as hazardous waste.

(d) Exemption for certain federally-regulated products. If a formulated mercury-added product is a cosmetic or pharmaceutical product subject to the federal Food and Drug Administration’s regulatory requirements relating to mercury, then the product is exempt from the requirements of this section.

§ 7109. RULE-MAKING

(a) Universal waste rule. The agency may adopt new rules or modify its existing rules governing universal hazardous waste, as appropriate to promote the recycling, recovery, and proper management of elemental mercury and mercury-added products on a statewide and regional basis.

(b) Other rule-making authority. The agency may adopt rules to implement section 7107 of this title, relating to labeling, section 7104 of this title relating to notification, and section 7106 of this title, relating to product phase-out and exemptions from that requirement. The agency may adopt rules to implement any other section of this chapter, if needed to provide a program reasonably consistent with the other New England states.

§ 7110. HOSPITAL MERCURY REDUCTION PLAN

(a) By March 31, 2002, each hospital in Vermont shall submit a mercury reduction plan to the agency, consistent with the guidance provided by the agency. The plan will cover all patient care sites owned or operated by the hospital. The plan shall identify and quantify mercury use and disposal related to patient care, including equipment and chemicals to the extent known through manufacturers’ labeling, notice from the agency, or other widely publicized lists of products containing mercury. The plan will also set target mercury reduction goals and identify measures to be taken by the hospital or nursing home to reduce mercury in the patient care settings through reductions in use of equipment and chemicals containing mercury, and through modifications in the organization’s purchasing policies and procedures with regard to products containing mercury. An updated plan shall be submitted on March 31 of each even-numbered calendar year.

(b) Effective January 1, 2002, the manufacturers of formulated products that contain mercury or a mercury compound from any source or cause, whether intended or unintended, and that are offered for sale or use to a hospital in Vermont must, upon request of the hospital, provide a certificate of analysis documenting the mercury content of the product unless the concentration is less than 200 parts per trillion. For the purpose of this section, a formulated product means a consistent mixture of chemicals, including but not limited to acids, alkalis, laboratory chemicals, bleach, and other products used for cleaning or disinfection, pharmaceuticals, stains, reagents, preservatives, fixatives, buffers, and dyes.

(c) The certificate of analysis required under subsection (b) of this section must report the mercury content of the product based on analysis of each batch or lot of the product, and the batch or lot number of the product must be identified clearly on the product and on the certificate of analysis. In lieu of reporting mercury content by batch or lot analysis, the manufacturer of the product may provide a certificate of analysis on representative samples of the product as determined in consultation with the hospital.

§ 7111. LIMITATIONS ON THE USE OF ELEMENTAL MERCURY

(a) Effective one year after the effective date of this chapter, no person may sell or provide elemental mercury to another person in Vermont, without providing a "material safety data sheet," as defined in the United States Code, Title 42, Section 11049, and requiring the purchaser or recipient to sign a statement that the purchaser:

(1) will use the mercury only for medical, dental amalgam dispose-caps, research, or manufacturing purposes;

(2) understands that mercury is toxic, and that the purchaser will store and use it appropriately so that no person is exposed to the mercury; and

(3) will not place the mercury in solid waste for disposal or in a wastewater treatment and disposal system, and will not allow anyone under the purchaser’s control to place or cause mercury to be placed in such a location.

(b) Effective one year after the effective date of this chapter, no person may purchase elemental mercury from someone outside the state of Vermont for use in Vermont without a certified statement from the purchaser provided to the agency, certifying that the conditions specified in subsection (a) of this section have been met.

§ 7112. PUBLIC EDUCATION AND OUTREACH

(a) The agency and the department of health, in concert with other relevant state agencies, shall implement a comprehensive public education, outreach, and assistance program for households, hazardous waste generators, municipalities, and solid waste management districts, small businesses, health care facilities, scrap metal facilities, dismantlers, institutions, schools, and other interested groups. These public education, outreach, and assistance programs should focus on the hazards of mercury, particularly those associated with the consumption of fresh and saltwater fish; the requirements and obligations of individuals, manufacturers, and agencies under this chapter; and voluntary efforts that individuals, institutions, and businesses can undertake to help further reduce mercury in the environment. These programs shall also provide information on what products contain mercury; information on possible nonmercury alternatives; and information on products that do contain mercury, but may be environmentally beneficial. The agency shall cooperate with manufacturers of mercury-added products and other affected businesses in the development and implementation of public education and technical assistance programs. The agency and the department of health shall assist the municipalities and solid waste management districts in developing, designing, and disseminating information for the public about labeled mercury-added products, the requirements of the law regarding the source separation of waste mercury-added products, and the collection programs that are available to the public, including any manufacturer-based reverse distribution system. A component of this information shall be directed specifically at large public and private institutions that use and discard substantial numbers of waste

mercury-added products, and at any other large users of those products.

(b) The agency shall cooperate with neighboring states and provinces, and regional organizations in the northeastern United States and Canada, to develop outreach, assistance, and education programs, where appropriate.

(c) The agency may develop an awards program to recognize the accomplishments of manufacturers, municipalities, solid waste management facilities, solid waste recycling facilities, household hazardous waste collection facilities, citizens, or others, who go beyond the minimum requirements established under this chapter and excel at reducing or eliminating mercury in air emissions, solid waste, and wastewater discharges.

§ 7113. STATE PROCUREMENT PREFERENCES FOR LOW OR

(a) Notwithstanding other policies and guidelines for the procurement of equipment, supplies, and other products, the agency of administration shall, within one year of the effective date of this chapter, revise its policies, rules, and procedures to implement the purposes of this chapter.

(b) The agency of administration shall give priority and preference to the purchase of equipment, supplies, and other products that contain no

mercury-added compounds or components, unless there is no economically feasible nonmercury-added alternative that performs a similar function. In circumstances where a nonmercury-added product is not available, preference shall be given to the purchase of products that contain the least amount of mercury added to the product necessary for the required performance.

(1) The agency of administration is authorized to give a price preference of up to five percent for products that contain no mercury or less mercury.

(2) This priority and preference shall apply to all state purchases, as well as any purchases made by others, with state funds.

(3) With respect to lighting, energy efficient lamps for lighting purposes shall be purchased in preference to other less efficient lighting options. To the maximum extent possible, purchases shall be restricted to lights that contain the lowest total mercury content per lumen hour available. Spent bulbs shall be recycled to the maximum extent feasible.

(4) The procurement agent shall specify nonmercury or reduced mercury-added products, as applicable, in procurement bid documents.

(c) State dental insurance contracts negotiated after the effective date of this chapter shall maintain equal coverage for nonmercury fillings and mercury amalgam fillings at no additional expense to the state employee.

The agency of natural resources, in consultation with the Conference of the New England Governors and Eastern Canadian Premiers Environment Committee, shall review the effectiveness of this act no later than four years after its adoption, and shall provide a report based upon that review to the governor and the legislature. The report shall review the effectiveness of the program required under the act, and may contain recommendations for improving them. Through this review process, the agency shall evaluate the need for additional incentives for manufacturers of mercury-added products that are below 10 milligrams to reduce the amount of mercury in those products.

(a) The sum of $40,000.00 is appropriated from the general fund to the Department of Agriculture, Food and Markets in fiscal year 2002 to pay the cost of removing and properly disposing of existing mercury dairy manometers and replacing those in operating dairy farms with nonmercury alternatives.

(b) Two permanent classified positions are authorized in the agency of natural resources to implement this act.

(c) The sum of $250,000.00 is appropriated from the general fund to the agency of natural resources in fiscal year 2002 to pay the cost of Vermont’s share of the clearinghouse in which the agency is authorized to participate by this act, the cost of two permanent classified employees to implement this act, and the cost of the public information and education program, including incentive programs to reduce mercury product use by Vermonters.